TTAB: KINGS ARMOR Mark for Various Apparel Products Succumbs to Cancellation Challenge

Finnegan client Under Armour successfully convinced the Trademark Trial and Appeal Board (TTAB) to reject Valiant Praize Productions LLC’s (Valiant) attempt to register a mark. Using the DuPont factors, the TTAB found that several factors support a likelihood of confusion between Valiant’s KINGS ARMOR mark and Under Armour’s UNDER ARMOUR mark, which are both used for clothing.

The TTAB cited that the similarities between the two stem from the use of the word ARMOR or ARMOUR in the British spelling, which was the dominant element of the respective marks and significant in creating the commercial impression of each mark. Both marks are also similar in connotation and commercial impression due to the shared word ARMO(U)R. With that, the TTAB concluded that the first DuPont factor weighs in favor of  a conclusion of likelihood of confusion given the marks are more similar than dissimilar with regard to appearance, sound, and commercial impression.

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